Sample Solution

Earlier, in accordance with Rule 2(1)(k) of the Trade Mark Rules, 2002, ‘graphical representation’ simply meant representation in paper form. However, the latest Rule 2(1)(k) of the Trade Marks Rules, 2017 defines ‘graphical representation’ as representation of a trade mark for goods or services represented or capable of being represented in paper form and includes representation in digitised form. With the inclusion of representation in digitised form, the scope of the term ‘capable of being graphically represented’ has widened considerably. This amendment is a ray of hope for proprietors of non-conventional trade marks like odour marks or motion marks which are not capable of being graphically represented in the traditional sense.

The term ‘digitised form’ has a wide scope for interpretation and may be used by proprietors to their advantage. ‘Digitised form’ could be interpreted to mean a digital version of a graphical representation, say an illustration in a pen-paper format or it could even mean digital data like audio clips or mp3 recordings in case of sound marks. Allowing trade marks to be digitally recorded is a hugely progressive step for non-conventional trade marks and their registration.

Types of Non-Conventional Trade Marks

Sound Mark

Sound marks are a type of non-conventional trade mark wherein the distinctive sound or audio is an indication of the origin of the mark. Today a unique sound or combination of sounds or a signature sound, is one of the most powerful marketing tools. Catchy jingles are a brilliant way